The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-04-28
JUDGE ROUNDS ON TRIAL.
Presentation of the Charges of\hIs
Opponents.
The Judges Reply to the Charges of
His Accusers.
No Decision Yet Determined Upon In
the Case.
Especial to the Press. l


| judge for the city of Calais began in the
Council Chamber. Judge Rounds arrived
last night, and was present this forenoon,
with Hon. o. D.. Baker of Augusta, his at
torney, and several of his friends from Cal
ais, including A. McNicoll, Esq.
Before the hearing began, Gov. Bodwen
made very sensible and straightforward
speech to the Council. He said the case was
one causing great perplexity. Petitions
signed by the best people of Calais were on
file for both candidates. He had given care
full consideration to the representations of
both sides. But he found Judge Rounds, the
occupant of the Office, having held it one
term, and being entitled by usage to re-
appointment. Gov. Bodwell said he felt
that Judge Rounds should be re-appointed
unless good reasons could be shown for set
ting him aside Charges had been presented
and he the GoyernorO had examined them
and placed them before Mr.. Rounds. The
latter had answered them. After having
carefully gone over the charges, and the re-
plies, he had concluded the representations
were not sufficient to warrant the rejection
OF Judge Rounds-a rejection that would
brand him throughout the State as unfit for
public position. "But," concluded the
Governor, "you gentlemen have seen fit to
come here from Calais. trust that you will
get at the facts of the case, and do not
want one of the Council to be swerved in the
least degree because of any Difference to
me- Ii | have made an improper appoint
ment, trust that you will do as is your duty
to do, refuse to confirm it. But, as l said be-
fore, from all that could learn, it seemed to
me, when l made the appointment that it
was fit and proper one."
George E. Curran, Esq, of Calais, opened
the case for the opponents of Judge Rounds
He came from the City Council of Calais, he
said, to oppose Judge Rounds. The temper
ance question was not involved nor was it
true that the Law and Order League was
backing Judge Rounds in preference to Mr..
| Fowler. ssThe best citizens of Calais, the
decent people, were against Judge Rounds
| There must be some reason for this. A man
of education, holding an official position in
city, should, as the years go by, gain friends
and support. Mr.. Rounds had failed to do
this What were the reasons? Mr.. Curran
proceeded to enumerate them:
(d). In 1884, Mr.. Rounds was discharg-
ing the duties of chairman of the school COM
mittee of Calais, an office regulating the dis
bursement of eight or ten thousand dollars
yearly. 1t was complained at this time that
there was much looseness in the business
methods of the city officers, and the city
council passed an order that the officers
should render with their accounts the proper
vouchers. All the city officers but Mr..
Rounds complied. He did not and would
not; and ceased to be committeeman. (b).
The law provides that the judge of the mu-
nicipal court shall keep record of his fines,
and every six months pay over to the city
the proportion that belongs to it. In fonr
years Judge Rounds never paid over a cent,
until within month, when the present
trouble arising, he paid over very paltry
sum. (c). The law requires every judge to
make and return every month a correct ac-
count OF all examinations and trials held. of
all fines and of all fees collected. For three
years OF the last four, no such returns have
been made. For the last year returns were
f.fde after etarthf arthfiyy y ito There
tween the judge and city marshal, and this
year the marshal failed of reelection for
this reason. I'D. The law requires the
judge to keep correct docket OF all trials,
etc, and once year transmit 1T to the c0un-
ty commissioners. Mr.. CurTan could show
by testimony that such docket had not
been kept. (e). The city has been deprived
of legitimate revenue by the judge unlaw
fully allowing the withdrawal OF complaints.
In one case, a fellow was arrested for rum
ming lottery. The fine would be 500 and
costs. The record shows that the fellow set
tied for So This was not the worst. 1t
could be shown by affidavit, Mr.. Curran said,
that the fellow really paid $48. Where the
other 500 went Mr.. Curran did not know.
After this opening Mayor McKusick, Hon.
l.. G. Downes, Representative j. s. Clark
and Mr.. l.. G. Bailey gave corroborative
testimony. Mr.. McKusick spoke with great
feeling of the sentiment of the people of
Calais. During this testimony it was assert
ed that one time Judge Rounds sent his
recorder up to Grand Lake Stream about
fifty miles away where some fellows had
been fishing illegally-taking white perch, it
is said. The recorder mulcted the offenders
in the sum of S24S.52 in fines and costs. They
could not say that either judge or recorder
had improperly used the money; but they
did believe the proceeding was unlawful,
when the court at Calais was the proper
place for the trial.
While Mr. Bailey was speaking considera
BILE alteration arose as to the attitude of the
Law and Order League. Mr.. Rounds, who
was full of fight and apparently not in the
least alarmed that the charges would be sus-
tanned, showed that the president, vice presi-
dent and secretary of the League were with
him, and that good part of the active work
ers Of the League; although the opposition
showed that in actual numbers eight more of
the League were with them than with the
Judge.
at this point the hearing adjourned until
afternoon, the opponents OF Judge Rounds
having closed their case.
Judge Rounds this afternoon answered Sc
riatim the charges preferred against him, oc-
| cupying some TWO hours. In the school mat
ters the opposition was well aware that
| was not chairman of the board at the time 1t
| is charged i refused to furnish vouchers.
When we paid the teachers a payroll was
| sent to the city government with the items
on it as had been the custom for years. This
was an itemized account and the council
would draw on the treasurer, each teacher
appending his or her name as paid off. am
not accused Of wrongfully apprepriating
cent of the citys money. The following
letter from Mr.. Swan, who was chairman of
the board when the charges were made was
read by Mr.. Rounds:
served on the experimenting school commit
| tee of Calais associate with Mr.. c. B. Rounds
| for many years, retiring with him two years ago.
| A difference of opinion between the school COM
mittee and the auditor of accounts for the city as
| TO what technically constituted an adequate
voucher of the committees accounts arose during
the last year of our services. The school commit
| viewssof the auditors, twice changed the method
| of rendering their monthly accounts and finally
| to their great Inconvenience abandoned the sys-
| TEN of pay roll" which had been the method for
| many years, and sent to the auditors, separately
every bill petty and large, each vouched for by
| every member of the committee. There were no
| other vouchers and could be none. The school
| committee while l was member with Mr.
Rounds was never a disbursing committee, and
N'''''i'N ~ p'' ''''' = '''' DN cHAs T. SWAN.
In regard to the charge that l did not make
my monthly school report, l will state that
| it has never been the custom to do it in times
| past l was requested to make the report,
and, although it was the duty of the recorder,
| personally attended to it and have furnish
| ed report regularly since January 1st, 1887.
| The charge has been made that my docket
was defective and my books were poorly
kept. The court had just been inaugurated
| when was appointed Judge and l procured
some ordinary books. The business being so
| large in 1885 two large books were purchased
| by me, in one Of which i recorded all the
| civil cases, and in the other the criminal. |
| also added the old cases, indexing them, If
| there was a case which was not entered was
| not aware of it. Inever informed Mr.. Downs
that used slips of paper in recording cases,
] although have sometimes made records of
the papers at my house and afterwards placed
| them in the books.
| Mr.. Rounds said he did not order the re-
corder to 60 up to Grand Lake Stream and at
tend to the so-celled fish cases. was sick
at the time, he continued, and the whdie
matter was in his hands and was completed
by him. If anything was wrong, am sorry
for it. | never stated to Mr.. Downs that
had the fines and costs in my possession. l
never received cent in any of these cases.
My advice to the recorder was, if he took
one cent more than was right to return it.
he believed he had trial Justices jurlsdlc-